Case No. 514.

ARELL'S REPRESENTATIVES v. MARSTELLER et al.

[2 Cranch, C. C. 11.]¹

Circuit Court, District of Columbia.

Nov. Term, 1810.

EXECUTORS AND ADMINISTRATORS—ACTIONS AGAINST—ATTORNEY'S FEES.

In suits in equity against executors and administrators in Virginia, a lawyer's fee is not to be taxed.

In equity. Bill, against executors, to account, and pay over distributive share. Decree accordingly.

Mr. R. I. Taylor, moved that the attorney's fee should be charged in the bill of costs. The act of assembly of 19th of November, 1792, § 14, says, “except against executors and administrators.”

THE COURT (THRUSTON, Circuit Judge, absent) directed that an attorney's fee should not be taxed.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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